Miller Thomson’s Construction and Infrastructure Group is a leading provider of legal services for construction and infrastructure projects across Canada. Miller Thomson has over 80 lawyers with direct and relevant experience in all aspects of construction and infrastructure in Toronto, Vancouver, Calgary, Edmonton, London, Kitchener-Waterloo, Guelph, Markham and Montréal. Our lawyers provide high quality, practical and cost-effective legal advice to achieve the best possible results for our clients. We combine in-depth knowledge of construction and infrastructure with creative legal thinking.
VARIETY OF CLIENTS
Our clients include public and private owners, general contractors, subcontractors, design professionals (including architects, engineers and interior designers), real estate and project developers, material suppliers, insurers and sureties. Our lawyers also regularly act for institutional lenders, bank and non-bank lenders and borrowers in both traditional and alternative delivery projects.
BROAD EXPERIENCE
We provide advice to both the public and private sectors for major public infrastructure projects with respect to financing, design, procurement, construction, operations and maintenance. Our lawyers have experience in a wide variety of projects including health care facilities, energy and power projects, roads and bridges, water treatment plants, schools, housing and commercial buildings. Our expertise extends from simple to complex projects involving traditional design-bid-build, construction management and design-build delivery mechanisms. In addition, we have depth in alternative financing projects (“AFP”) and public-private partnerships (P3s). We have been involved in the William Osler Healthcare Centre in Toronto (AFP), the Royal Jubilee Hospital in Victoria, B.C. (P3) and the William R. Bennett Bridge in Kelowna, B.C. (P3) and we have advised or are currently advising a number of owners involved in different AFP projects.
RANGE OF LEGAL SERVICES
Our lawyers have expertise in the full range of legal disciplines necessary for a successful project. Depending on the project, our clients may require advice in many areas including: business, bridge loans, alternative financing, corporate matters, tax, regulatory and permitting, tendering, construction, real estate, development, government relations, environmental and labour law disciplines. Building on previous client projects, our lawyers are able to quickly assess the nature and complexity of the issues surrounding the procurement, the preferred management and delivery mechanisms for a project and the potential risks and benefits associated with its project financing from conventional through to alternative financing, as well as construction and commissioning. Where necessary, our lawyers can also advise clients on insolvency and bankruptcy matters including builders’ liens and other remedies.
SPECIFIC EXPERTISE
The following is a summary of some of the most significant legal services we provide for our construction and infrastructure clients.
Procurement: We assist clients in the selection of the best contract and most appropriate project implementation models for their projects including the mechanism for evaluation and award of the contract as well as appropriate bid or proposal security. Our lawyers are fully conversant with low price competitive tendering, prequalification, requests for proposals, including those for AFPs and P3s, standard bidding and other procurement strategies. In addition, we are familiar with honoraria and “best and final offer” processes. Once the procurement methodology is determined, we can draft the appropriate procurement documentation and provide ongoing legal advice during evaluation, selection and award. Our lawyers have in-depth knowledge of recent case law respecting tendering and its applicability to other procurement methods and will provide advice to help avoid claims in the procurement process.
Agreements / Contracts: We advise our clients regarding the best forms of consulting agreements and construction contracts for their projects. Our lawyers will prepare the appropriate construction contract which may include: lump sum, cost plus, design-build, construction management or EPC contracts through to P3 concession agreements and other specialty contracts. We are familiar with CCDC, CCA, RAIC and ACEC standard agreements and can develop supplemental conditions based on the project requirements. Our lawyers also have experience in creation of alliance agreements for implementation of major industrial projects. Our contracts will include appropriate claims avoidance clauses and dispute resolution mechanisms to best manage and maintain the relationships between owners, designers and contractors.
Project Financing: Our lawyers provide comprehensive advice to public owners as well as the private sector and lenders in major public infrastructure projects including AFP and P3 projects during all stages including planning, procurement, contract development and project implementation. Our lawyers can also provide comprehensive advice for structuring and negotiating domestic and cross-border loan transactions including the preparation and negotiation of complex loan documentation, project financing, syndicated credits, asset based lending, senior secured lending, equipment finance and mezzanine lending.
Performance Security and Insurance: Our lawyers provide advice to owners about the type and level of bonding or default insurance that should be specified in the event of defaults in performance and we provide timely advice in the event of claims. We provide advice to reduce our clients’ exposure including the appropriate measures to take where there is a default and appropriate recourse to bonding if necessary. Our lawyers will work closely with our Insurance Group as required so that we can fully advise our clients with respect to all construction issues in the defence or pursuit of insurance claims.
Claims Avoidance and Management: Starting at the beginning of a project, we advise our clients on contract interpretation issues and tactical and pro-active interventions to resolve claims early and cost effectively. We prepare appropriate dispute resolution clauses and carefully manage and preserve project information to avoid and, if necessary, prepare for potential claims and dispute resolution including mediation, arbitration and litigation.
Construction / Builders Liens: We register liens in accelerated time frames where necessary and provide timely advice to address time-sensitive disputes and issues. From an owner’s perspective, we provide advice on vacating and discharging liens, the validity of liens and means of keeping owners out of litigation where it is not in their interests. Where immediate resolution of lien claims is not possible, we have the expertise to vigorously and effectively litigate, arbitrate or mediate those claims.
Negligence Claims: Where problems arise as a result of errors or omissions in design or construction, we have the resources to: ensure our clients’ interests are protected; retain appropriate experts; and, marshall and present the evidence in a manner that will advance our clients’ position to achieve the best result whether in litigation or alternative dispute resolution.
Dispute Resolution: Alternative dispute resolution is a reality in the construction industry and we advise our clients regarding appropriate terms for such mechanisms including negotiations, expert or referee proceedings, mediation and arbitration so that disputes are resolved quickly and cost effectively. We also provide advocacy during negotiations, mediation and arbitration and employ our skills to obtain the best result for our clients in construction disputes and claims.
Litigation: We are one of Canada’s leading and most formidable construction litigation firms and we are active at all levels of court in the litigation of major construction disputes.
Health Industry: We have particular depth in the healthcare sector. Our construction and infrastructure lawyers combined with those in our Health Group are leaders in providing comprehensive legal advice and representation to our health industry clients before, during and after the planning, design, procurement and construction of private and public health industry facilities across Canada. Miller Thomson has a unique understanding of how the health industry functions, the fiscal and political challenges it faces and the regulatory environment in which it operates. We advise our clients about creative forms of project delivery such as alternative financing, P3 and contracting of non-clinical services.
O U R G R O U P
More than 80 Miller Thomson lawyers practise in construction and infrastructure law in our offices across Canada. The following core lawyers in our Group will ensure that the most appropriate lawyer in each of our offices across the country responds to any inquiries about construction or infrastructure matters:
Our Firm
Miller Thomson LLP is one of Canada’s largest national law firms, with offices in Toronto, Vancouver, Calgary, Edmonton, London, Kitchener-Waterloo, Guelph, Markham and Montréal. The firm provides a complete range of business law, advocacy and personal legal services to Canadian and international corporations, entrepreneurs, institutions, governments and not-for-profit organizations.
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